[106th Congress Public Law 559]
[From the U.S. Government Printing Office]
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[DOCID: f:publ559.106]
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INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE ACT OF 2000
[[Page 114 STAT. 2778]]
Public Law 106-559
106th Congress
An Act
To provide technical and legal assistance to tribal justice systems and
members of Indian tribes, and for other purposes. <<NOTE: Dec. 21,
2000 - [S. 1508]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Indian Tribal Justice
Technical and Legal Assistance Act of 2000.>> assembled,
SECTION <<NOTE: 25 USC 3651 note.>> 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Justice Technical and
Legal Assistance Act of 2000''.
SEC. <<NOTE: 25 USC 3651.>> 2. FINDINGS.
The Congress finds and declares that--
(1) there is a government-to-government relationship between
the United States and Indian tribes;
(2) Indian tribes are sovereign entities and are responsible
for exercising governmental authority over Indian lands;
(3) the rate of violent crime committed in Indian country is
approximately twice the rate of violent crime committed in the
United States as a whole;
(4) in any community, a high rate of violent crime is a
major obstacle to investment, job creation and economic growth;
(5) tribal justice systems are an essential part of tribal
governments and serve as important forums for ensuring the
health and safety and the political integrity of tribal
governments;
(6) Congress and the Federal courts have repeatedly
recognized tribal justice systems as the most appropriate forums
for the adjudication of disputes affecting personal and property
rights on Native lands;
(7) enhancing tribal court systems and improving access to
those systems serves the dual Federal goals of tribal political
self-determination and economic self-sufficiency;
(8) there is both inadequate funding and an inadequate
coordinating mechanism to meet the technical and legal
assistance needs of tribal justice systems and this lack of
adequate technical and legal assistance funding impairs their
operation;
(9) tribal court membership organizations have served a
critical role in providing training and technical assistance for
development and enhancement of tribal justice systems;
(10) Indian legal services programs, as funded partially
through the Legal Services Corporation, have an established
record of providing cost effective legal assistance to Indian
people in tribal court forums, and also contribute significantly
[[Page 114 STAT. 2779]]
to the development of tribal courts and tribal jurisprudence;
and
(11) the provision of adequate technical assistance to
tribal courts and legal assistance to both individuals and
tribal courts is an essential element in the development of
strong tribal court systems.
SEC. <<NOTE: 25 USC 3652.>> 3. PURPOSES.
The purposes of this Act are as follows:
(1) to carry out the responsibility of the United States to
Indian tribes and members of Indian tribes by ensuring access to
quality technical and legal assistance.
(2) To strengthen and improve the capacity of tribal court
systems that address civil and criminal causes of action under
the jurisdiction of Indian tribes.
(3) To strengthen tribal governments and the economies of
Indian tribes through the enhancement and, where appropriate,
development of tribal court systems for the administration of
justice in Indian country by providing technical and legal
assistance services.
(4) To encourage collaborative efforts between national or
regional membership organizations and associations whose
membership consists of judicial system personnel within tribal
justice systems; non-profit entities which provide legal
assistance services for Indian tribes, members of Indian tribes,
and/or tribal justice systems.
(5) To assist in the development of tribal judicial systems
by supplementing prior congressional efforts such as the Indian
Tribal Justice Act (Public Law 103-176).
SEC. <<NOTE: 25 USC 3653.>> 4. DEFINITIONS.
For purposes of this Act:
(1) Attorney general.--The term ``Attorney General'' means
the Attorney General of the United States.
(2) Indian lands.--The term ``Indian lands'' shall include
lands within the definition of ``Indian country'', as defined in
section 1151 of title 18, United States Code; or ``Indian
reservations'', as defined in section 3(d) of the Indian
Financing Act of 1974 (25 U.S.C. 1452(d)), or section 4(10) of
the Indian Child Welfare Act (25 U.S.C 1903(10)). For purposes
of the preceding sentence, such section 3(d) of the Indian
Financing Act shall be applied by treating the term ``former
Indian reservations in Oklahoma'' as including only lands which
are within the jurisdictional area of an Oklahoma Indian Tribe
(as determined by the Secretary of the Interior) and are
recognized by such Secretary as eligible for trust land status
under part 151 of title 25, Code of Federal Regulations (as in
effect on the date of enactment of this sentence).
(3) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe, band, nation, pueblo, or other organized group or
community which administers justice or plans to administer
justice under its inherent authority or the authority of the
United States and which is recognized as eligible for the
special programs and services provided by the United States to
Indian tribes because of their status as Indians.
(4) Judicial personnel.--The term ``judicial personnel''
means any judge, magistrate, court counselor, court clerk, court
[[Page 114 STAT. 2780]]
administrator, bailiff, probation officer, officer of the court,
dispute resolution facilitator, or other official, employee, or
volunteer within the tribal judicial system.
(5) Non-profit entities.--The term ``non-profit entity'' or
``non-profit entities'' has the meaning given that term in
section 501(c)(3) of the Internal Revenue Code of 1986.
(6) Office of tribal justice.--The term ``Office of Tribal
Justice'' means the Office of Tribal Justice in the United
States Department of Justice.
(7) Tribal justice system.--The term ``tribal court'',
``tribal court system'', or ``tribal justice system'' means the
entire judicial branch, and employees thereof, of an Indian
tribe, including, but not limited to, traditional methods and
fora for dispute resolution, trial courts, appellate courts,
including inter-tribal appellate courts, alternative dispute
resolution systems, and circuit rider systems, established by
inherent tribunal authority whether or not they constitute a
court of record.
TITLE I--TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL LEGAL
ASSISTANCE GRANTS
SEC. 101. TRIBAL <<NOTE: 25 USC 3661.>> JUSTICE TRAINING AND
TECHNICAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the Attorney General,
in consultation with the Office of Tribal Justice, shall award grants to
national or regional membership organizations and associations whose
membership consists of judicial system personnel within tribal justice
systems which submit an application to the Attorney General in such form
and manner as the Attorney General may prescribe to provide training and
technical assistance for the development, enrichment, enhancement of
tribal justice systems, or other purposes consistent with this Act.
SEC. 102. <<NOTE: 25 USC 3662.>> TRIBAL CIVIL LEGAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the Attorney General,
in consultation with the Office of Tribal Justice, shall award grants to
non-profit entities, as defined under section 501(c)(3) of the Internal
Revenue Code of 1986, which provide legal assistance services for Indian
tribes, members of Indian tribes, or tribal justice systems pursuant to
Federal poverty guidelines that submit an application to the Attorney
General in such form and manner as the Attorney General may prescribe
for the provision of civil legal assistance to members of Indian tribes
and tribal justice systems, and/or other purposes consistent with this
Act.
SEC. <<NOTE: 25 USC 3663.>> 103. TRIBAL CRIMINAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the Attorney General,
in consultation with the Office of Tribal Justice, shall award grants to
non-profit entities, as defined by section 501(c)(3) of the Internal
Revenue Code of 1986, which provide legal assistance services for Indian
tribes, members of Indian tribes, or tribal justice systems pursuant to
Federal poverty guidelines that submit an application to the Attorney
General in such form and manner as the Attorney General may prescribe
for the provision of criminal
[[Page 114 STAT. 2781]]
legal assistance to members of Indian tribes and tribal justice systems,
and/or other purposes consistent with this Act. Funding under this title
may apply to programs, procedures, or proceedings involving adult
criminal actions, juvenile delinquency actions, and/or guardian-ad-litem
appointments arising out of criminal or delinquency acts.
SEC. <<NOTE: 25 USC 3664.>> 104. NO OFFSET.
No Federal agency shall offset funds made available pursuant to this
Act for Indian tribal court membership organizations or Indian legal
services organizations against other funds otherwise available for use
in connection with technical or legal assistance to tribal justice
systems or members of Indian tribes.
SEC. <<NOTE: 25 USC 3665.>> 105. TRIBAL AUTHORITY.
Nothing in this Act shall be construed to--
(1) encroach upon or diminish in any way the inherent
sovereign authority of each tribal government to determine the
role of the tribal justice system within the tribal government
or to enact and enforce tribal laws;
(2) diminish in any way the authority of tribal governments
to appoint personnel;
(3) impair the rights of each tribal government to determine
the nature of its own legal system or the appointment of
authority within the tribal government;
(4) alter in any way any tribal traditional dispute
resolution fora;
(5) imply that any tribal justice system is an
instrumentality of the United States; or
(6) diminish the trust responsibility of the United States
to Indian tribal governments and tribal justice systems of such
governments.
SEC. <<NOTE: 25 USC 3666.>> 106. AUTHORIZATION OF APPROPRIATIONS.
For purposes of carrying out the activities under this title, there
are authorized to be appropriated such sums as are necessary for fiscal
years 2000 through 2004.
TITLE II--INDIAN TRIBAL COURTS
SEC. <<NOTE: 25 USC 3681.>> 201. GRANTS.
(a) In General.--The Attorney General may award grants and provide
technical assistance to Indian tribes to enable such tribes to carry out
programs to support--
(1) the development, enhancement, and continuing operation
of tribal justice systems; and
(2) the development and implementation of--
(A) tribal codes and sentencing guidelines;
(B) inter-tribal courts and appellate systems;
(C) tribal probation services, diversion programs,
and alternative sentencing provisions;
(D) tribal juvenile services and multi-disciplinary
protocols for child physical and sexual abuse; and
(E) traditional tribal judicial practices,
traditional tribal justice systems, and traditional
methods of dispute resolution.
[[Page 114 STAT. 2782]]
(b) Consultation.--In carrying out this section, the Attorney
General may consult with the Office of Tribal Justice and any other
appropriate tribal or Federal officials.
(c) Regulations.--The Attorney General may promulgate such
regulations and guidelines as may be necessary to carry out this title.
(d) Authorization of Appropriations.--For purposes of carrying out
the activities under this section, there are authorized to be
appropriated such sums as are necessary for fiscal years 2000 through
2004.
SEC. 202. TRIBAL JUSTICE SYSTEMS.
Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) is
amended--
(1) in subsection (a), by striking ``1994, 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``2000 through 2007'';
(2) in subsection (b), by striking ``1994, 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``2000 through 2007'';
(3) in subsection (c), by striking ``1994, 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``2000 through 2007''; and
(4) in subsection (d), by striking ``1994, 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``2000 through 2007''.
TITLE III--TECHNICAL AMENDMENTS TO ALASKA NATIVE CLAIMS SETTLEMENT ACT
SEC. 301. ALASKA NATIVE VETERANS.
Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended as follows:
(1) Subsection (a)(3)(I)(4) is amended by striking ``and
Reindeer'' and inserting ``or''.
(2) Subsection (a)(4)(B) is amended by striking ``; and''
and inserting ``; or''.
(3) Subsection (b)(1)(B)(i) is amended by striking ``June 2,
1971'' and inserting ``December 31, 1971''.
(4) Subsection (b)(2) is amended by striking the matter
preceding subparagraph (A) and inserting the following:
``(2) The personal representative or special administrator,
appointed in an Alaska State court proceeding of the estate of a
decedent who was eligible under subsection (b)(1)(A) may, for the
benefit of the heirs, select an allotment if the decedent was a veteran
who served in South East Asia at any time during the period beginning
August 5, 1964, and ending December 31, 1971, and during that period the
decedent--''.
SEC. 302. LEVIES ON SETTLEMENT TRUST INTERESTS.
Section 39(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1629e(c)) is amended by adding at the end the following new paragraph:
``(8) A beneficiary's interest in a settlement trust and the
distributions thereon shall be subject to creditor action (including
without limitation, levy attachment, pledge, lien, judgment execution,
assignment, and the insolvency and bankruptcy laws) only
[[Page 114 STAT. 2783]]
to the extent that Settlement Common Stock and the distributions thereon
are subject to such creditor action under section 7(h) of this Act.''.
TITLE IV--NATIONAL LEADERSHIP SYMPOSIUM FOR AMERICAN INDIAN, ALASKAN
NATIVE, AND NATIVE HAWAIIAN YOUTH
SEC. 401. ADMINISTRATION OF NATIONAL LEADERSHIP SYMPOSIUM FOR
AMERICAN INDIAN, ALASKAN NATIVE, AND
NATIVE HAWAIIAN YOUTH.
(a) In General.--There are authorized to be appropriated to the
Secretary of Education for the Washington Workshops Foundation
$2,200,000 for administration of a national leadership symposium for
American Indian, Alaskan Native, and Native Hawaiian youth on the
traditions and values of American democracy.
(b) Content of Symposium.--The symposium administered under
subsection (a) shall--
(1) be comprised of youth seminar programs which study the
workings and practices of American national government in
Washington, DC, to be held in conjunction with the opening of
the Smithsonian National Museum of the American Indian; and
(2) envision the participation and enhancement of American
Indian, Alaskan Native, and Native Hawaiian youth in the
American political process by interfacing in the first-hand
operations of the United States Government.
Approved December 21, 2000.
LEGISLATIVE HISTORY--S. 1508:
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HOUSE REPORTS: No. 106-819, Pt. 1 (Comm. on Resources).
SENATE REPORTS: No. 106-219 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Nov. 19, considered and passed
Senate.
Vol. 146 (2000):
Oct. 23, considered and passed
House, amended.
Dec. 11, Senate concurred in House
amendment.
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